Looking at the diagrams more closely, and on a bigger screen, I believe you are right, Winston.
The axle shaft bearing on the wheel end appears to ride in the top hat, not the axle housing. The bearing seems to be what locates the gear when shimmed, via the two clips. The top hat bolts directly to the axle tube and is non-variable in its position relative to the axle tube.
It seems that the only choices for improper backlash in these gears would be bearing 43, and thus gear 36, going too far into the top hat and binding on gear 52, or bearing 58 being located such that gear 52 is too high. Is bearing 58 in the top hat or the knuckle?
Are you sure you have bearing 58 in the correct spot, and bearing 43 in its proper location? Maybe they are similar enough to fit, but not function properly.
The only other option is the tightness and binding is somewhere other than the top hat itself.